Common use of Force Majeure Claim Clause in Contracts

Force Majeure Claim. If, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure only to the extent so affected; provided: (a) the Claiming Party, no more than fourteen (14) days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence; (b) the Claiming Party must provide timely evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this Agreement; (c) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and (d) as soon as the Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption.

Appears in 6 contracts

Samples: Distributed Energy Resource Purchase and Sale Agreement, Distributed Energy Resource Purchase and Sale Agreement, Renewable Power Purchase Agreement

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Force Majeure Claim. If, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure only to the extent so affectedit is unable to perform due to the Force Majeure; provided: (a) : the Claiming Party, no more than fourteen four (144) days Business Days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence; (b) ; the Claiming Party must provide provides timely evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this Agreement; (c) Agreement and that the Force Majeure prevents the Claiming Party from performing the obligations; the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and (d) and as soon as the Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption.

Appears in 4 contracts

Samples: Energy Storage Services Agreement, Energy Storage Services Agreement, Energy Storage Services Agreement

Force Majeure Claim. If, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure only to the extent so affectedit is unable to perform due to the Force Majeure; provided: (a) the Claiming Party, no more than fourteen four (144) days Business Days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence; (b) the Claiming Party must provide provides timely evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this AgreementAgreement and that the Force Majeure prevents the Claiming Party from performing the obligations; (c) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and (d) as soon as the Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption.

Appears in 3 contracts

Samples: Energy Storage Services Agreement, Energy Storage Services Agreement, Energy Storage Services Agreement

Force Majeure Claim. If, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure only to the extent so affectedit is unable to perform due to the Force Majeure; provided: (a) the Claiming Party, no more than fourteen four (144) days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence; (b) the Claiming Party must provide provides timely evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this AgreementAgreement and that the Force Majeure prevents the Claiming Party from performing the obligations; (c) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and (d) as soon as the Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption.

Appears in 2 contracts

Samples: Energy Storage Services Agreement, Energy Storage Services Agreement

Force Majeure Claim. If, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure only to the extent so affectedit is unable to perform due to the Force Majeure; provided:provided:‌ (a) the Claiming Party, no more than fourteen four (144) days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence; (b) the Claiming Party must provide provides timely evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this AgreementAgreement and that the Force Majeure prevents the Claiming Party from performing the obligations; (c) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and (d) as soon as the Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption.

Appears in 2 contracts

Samples: Energy Storage Services Agreement, Energy Storage Services Agreement

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Force Majeure Claim. If, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure only to the extent so affected; provided: (a) : the Claiming Party, no more than fourteen (14) days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence; (b) ; the Claiming Party must provide timely evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this Agreement; (c) ; the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and (d) and as soon as the Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption.

Appears in 2 contracts

Samples: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement

Force Majeure Claim. IfSubject to Section 6.02(f), if, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure only to the extent so affected; provided: (a) : the Claiming Party, no more than fourteen (14) days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence; (b) ; the Claiming Party must provide timely evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this Agreement; (c) ; the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and (d) and as soon as the Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption.

Appears in 1 contract

Samples: Energy Storage Resource Adequacy Purchase and Sale Agreement

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